FAMILY COURT OF AUSTRALIA
| FONTANA & FONTANA | [2018] FamCA 402 |
| FAMILY LAW – COSTS – Where the wife seeks costs on a party/party basis in respect to property proceedings – Where relevant factors under s 117 of the Family Law Act 1975 (Cth) considered – Where circumstances justify departure from the normal rule – Order made for husband to pay 25 per cent of wife’s costs on a party/party basis. |
| Family Law Act 1975 (Cth) s 117 Family Law Rules 2004 (Cth) r 19.18 |
| Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160 Collins and Collins (1985) FLC 91-603 D & D (Costs) (No. 2) (2010) FLC 93-435 Fontana & Fontana [2013] FamCA 548 Fontana & Fontana [2016] FamCAFC 11 Fontana & Fontana [2017] FamCA 374 Fontana & Fontana [2018] FamCAFC 63 Greedy and Greedy (1982) FLC 91-250 Hawkins & Roe [2012] FamCAFC 77 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Luadaka v Luadaka (1998) FLC 92-830 Parke & the Estate of the Late A Parke (2016) FLC 93-748 Penfold v Penfold (1980) 144 CLR 311 |
| APPLICANT: | Ms Fontana |
| RESPONDENT: | Mr Fontana |
| FILE NUMBER: | PAC | 5188 | of | 2008 |
| DATE DELIVERED: | 1 June 2018 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | Upon receipt of Submissions on 30 June 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Hodgson & Mr Chen |
| SOLICITOR FOR THE APPLICANT: | Self-represented litigant |
| COUNSEL FOR THE RESPONDENT: | Ms Druitt |
| SOLICITOR FOR THE RESPONDENT: | Gonzalez & Co |
Orders
That the husband pay 25 per cent of the wife’s costs of and incidental to the property proceedings finalised by orders made 19 May 2017 as agreed within one month from this date or otherwise as assessed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Fontana & Fontana has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC 5188 of 2008
| Ms Fontana |
Applicant
And
| Mr Fontana |
Respondent
REASONS FOR JUDGMENT
On 19 May 2017 the Court delivered reasons for judgment and made orders as to property adjustment as between the applicant husband and respondent wife.
Orders were made as follows:
(1)That within three months from the date of these orders the wife pay to the husband $323,033.00 in default of payment by the due date interest to accrue.
(2)That in default of payment to the husband as provided the husband shall have liberty to apply as to enforcement.
(3)That the wife indemnify and save harmless the husband from any liability to…
Continue reading Fontana and Fontana
Sign in free to access the full text
- AGLC
- Fontana and Fontana [2018] FamCA 402
- Case
- [2018] FamCA 402
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the appropriate allocation of costs between the parties in light of the outcome of the property proceedings. Specifically, the court was required to determine whether an order for costs should be made against the husband in favour of the wife, and if so, to what extent.
Foster J reasoned that an order for costs was warranted against the husband. The court applied the general principle that costs follow the event, but also considered the specific circumstances of the case and the conduct of the parties during the litigation. While the precise reasons for the husband being ordered to pay costs are not detailed in the provided text, the decision indicates a departure from the usual rule that parties bear their own costs in family law matters.
Consequently, Foster J ordered that the husband pay 25 per cent of the wife’s costs of and incidental to the property proceedings. This payment was to be made within one month of the date of the order, or otherwise as assessed by the court.
Orders
Orders of the court
1.
That the husband pay 25 per cent of the wife’s costs of and incidental to the property proceedings finalised by orders made 19 May 2017 as agreed within one month from this date or otherwise as assessed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.